Equality Impact Assessment Tool: Policy, Strategy and Plans
(Please follow the EQIA guidance in completing this form)

1. Name of Strategy, Policy or Plan

Transitioning in the Workplace - A Protocol and Guide for Managers on Promoting Transgender Inclusion

This is a : New Policy

2. Brief Description - Purpose of the policy, Changes and outcomes, services or activities affected

The Transitioning Protocol and Guide is an addition to the suite of policies and guidance supporting a diverse NHSGGC workforce. The protocol defines what we mean by the term transgender and gender reassignment and clearly sets out NHSGGCs responsibilities as an employer of trans people and people who are undergoing a transitioning journey. The policy exists to protect the rights of trans people and support them to be their genuine selves in the workplace.

3. Lead Reviewer

Low, Alastair

4. Please list all participants in carrying out this EQIA:

Erdman, Jackie (Head of Equality and Human Rights)

5. Impact Assessment

A. Does the policy explicitly promote equality of opportunity and anti-discrimination and refer to legislative and policy drivers in relation to Equality

The core purpose of the protocol is to promote the rights of transgender employees and to challenge discrimination in the workplace. While this has a focus on gender reassignment the principles apply to all protected characteristics.

B. What is known about the issues for people with protected characteristics in relation to the services or activities affected by the policy?

Source

All

Transgender people are one of the most marginalised protected characteristic groups in the UK. Trans people are likely to experience abuse at various points throughout their lives. In a study by Scottish Transgender Alliance (2008) 25% of respondents said they had to move from a family home due to family responses - often resulting in homelessness, 46% of respondents explained they had experienced transphobic abuse in relationships and 62% said they had experienced transphobic abuse from strangers n public places.
Scottish Transgender Alliance - Transgender Experiecnes in Scotland 2008

Sex

Trans people have historically experienced discrimination in the workplace due mainly to poorly informed practice in relation to sex segregation. Transitioning employees have often experienced challenges when trying to assert their rights to use facilities that match their newly acquired gender. Lack of understanding can lead to ill-informed decision making that places the burden of adjustment on the transitioning individual rather than the organisation.

Gender Reassignment

This policy explicitly supports employees seeking to reassign their gender while remaining in employment. This is against a backdrop of disproportionate rates of unemployment (nearly 40%) despite trans people being more likely to hold HNDs/Degrees or post graduate degrees (55%). Of employed trans people, more than half have experienced transphobic bullying and harassment because of their gender status in the workplace. One Government study placed the rate as high as 88%.
Scottish Transgender Alliance

Race

Trans people may face dual discrimination on the grounds of their race and their gender reassignment. The intersectional nature of discrimination can compound the impact on the individual and it is important to understand the whole person and not a single aspect of their identity.

Disability

If a trans employee has been diagnosed as having gender dysphoria and this has a long term adverse impact on their ability to carry out normal day-to-day activities then they may be protected under the provisions of the Equality Act 2010. Of 900 trans people who participated in the Stonewall Scotland Mental Health Study, 88% reported currently or recently having experienced depression. 80% experienced stress and 75% anxiety. 53% of the cohort had self-harmed at some point and 84% had considered ending their lives at some point. 35% had attempted suicide at least once. This is against a backdrop of 25% not seeking help from mental health services due to real or perceived discrimination in the service.
Stonewall Scotland

Sexual Orientation

Trans people are often discriminated against on the grounds of their perceived sexual orientation due mainly to misunderstanding of the relationship between sexual orientation and gender reassignment. The terms can mistakenly be used interchangeably. Trans men and women can experience homophobic abuse that compounds the overall experience of discrimination.

Religion and Belief

According to the Equality Network, around 70% of trans people have no religious beliefs. Their LGBT Equality Report (2015) suggests trans people from certain faith backgrounds will face particular forms of prejudice from within their faith communities. LGBT rights are often contrasted against religious rights despite LGBT people being represented in all faith groups. The report suggest that trans people with faith beliefs are less able to be open about themselves than people with no faith conviction.
equality network

Age

As with previous responses, individuals may find themselves the victim of discrimination on multiple levels. Older people may experience prejudice relating to their age and this may compound their experience of transphobic discrimination. Older people may also find it more difficult to transition due to a proportionately longer period of time not being open about their gender identity and experiencing less engaged societal debate about trans issues.

Pregnancy and Maternity

-

Marriage and Civil Partnership

-

Social and Economic Status

A US study of 27,000 trans people found people who did not identify with their birth gender were 4 times more likely to live in poverty than non trans people.

Other marginalised groups (homeless, addictions, asylum seekers/refugees, travellers, ex-offenders

There is some evidence that suggests trans people are more likely to have a harmful relationship with alcohol (62% drinking outwith limits compared to 40% non trans people).
Scottish Transgender Alliance and Equality Network

C. Do you expect the policy to have any positive impact on people with protected characteristics?

Highly Likely

Probable

Possible

General

The protocol will help managers understand the impact of discrimination on employees who reassign their gender and will raise awareness of the impact of discrimination on all protected characteristics.

Sex

Action to support the rights of trans people in the workplace will ultimately be supporting rights of all people to work in a tolerant and respectful environment.

Gender Reassignment

The Policy as been specifically designed to support trans inclusion in the workplace and safeguard the rights of employees. The protocol offers a formal reference guide to getting it right and will allow review of poor practice against an agreed protocol.

Race

Action to support the rights of trans people should highlight the requirement to protect the rights of all and encourage a workplace that is more inclusive for all people.

Disability

Action to support the rights of trans people should highlight the requirement to protect the rights of all and encourage a workplace that is more inclusive for all people. Also trans people who are potentially covered under the Equality Act definition of disability will have those rights expressed more clearly.

Sexual Orientation

The protocol will help to clarify historical confusion around sexual orientation and gender identity.

Religion and Belief

Action to support the rights of trans people should highlight the requirement to protect the rights of all and encourage a workplace that is more inclusive for all employees.

Age

Action to support the rights of trans people should highlight the requirement to protect the rights of all and encourage a workplace that is more inclusive for all employees.

Marriage and Civil Partnership

Action to support the rights of trans people should highlight the requirement to protect the rights of all and encourage a workplace that is more inclusive for all employees.

Pregnancy and Maternity

Action to support the rights of trans people should highlight the requirement to protect the rights of all and encourage a workplace that is more inclusive for all employees.

Social and Economic Status

Keeping trans people in employment is an important outcome of effectively implementing the protocol. It also serves to attract trans people to NHSGGC as a caring inclusive employer. As a major regional employer this can help a community that historically experiences disproportionately high levels of unemployment.

Other marginalised groups (homeless, addictions, asylum seekers/refugees, travellers, ex-offenders

D. Do you expect the policy to have any negative impact on people with protected characteristics?

Highly Likely

Probable

Possible

General

No

Sex

No

Gender Reassignment

No

Race

No

Disability

No

Sexual Orientation

No

Religion and Belief

No

Age

No

Marriage and Civil Partnership

No

Pregnancy and Maternity

No

Social and Economic Status

No

Other marginalised groups (homeless, addictions, asylum seekers/refugees, travellers, ex-offenders

No